A ALTCS Budget Groups

Revised 07/10/2020

Policy

The people who must be included in the ALTCS budget group depend on several things, including age, marital status and where the customer lives.

ALTCS Budget Group Chart

If the customer is…	And…	Then the Budget Group includes…
An unmarried child under age 18	Lives in a setting where long-term care services can be provided	The child.
An unmarried child under age 18	Lives in a setting where long-term care services cannot be provided; or Refuses HCBS	The child, and all of the following, if living with the child: Ineligible parents; Other children of an ineligible parent; and The child’s children. EXCEPTION: The stepparent is not included when the natural or adoptive parent is not in the home.
An unmarried person age 18 or older	Lives in a setting where long-term care services can be provided	The person.
An unmarried person age 18 or older	Lives in a setting where long-term care services cannot be provided; or Refuses HCBS	The person.
A married person	Has a Community Spouse (MA508)	The person; and The spouse.
	Lives in a setting where long-term care services can be provided, but does not have proof of legal marriage.	The person.
	Refuses HCBS; or Lives in a setting where long-term care services cannot be provided	The person; and If living with them, the spouse.

Definitions

Term	Definition
Child	A person who: Is not married (including divorced); and Is under age 18; or For child allocation deductions only, is under age 22 and is a student regularly attending a school, college or university, or a course of vocational or technical training to prepare for gainful employment.
Common Law Marriage	A marriage that is not based upon a license, ceremony, or other legal formality. Most states that recognize common law marriage require that the couple consider themselves married, live together, and publicly present themselves as spouses. Common law marriages cannot be established in Arizona. However, a common law marriage established in a state where the marriage is considered legal can be considered legal in Arizona. Exceptions: Some American Indian tribes recognize common law marriages. A common law marriage established under American Indian tribal law is considered legal in Arizona. If a resident of Arizona moves to another state or country to evade the laws of Arizona relating to marriage, the marriage is no longer legal in Arizona.
Eligible Parent	A natural or adoptive parent or stepparent who is receiving SSI-Cash benefits, ALTCS, Freedom to Work, MSP or SSI-MAO.
Holding Out As Married	Two persons who live in the same household and who are not legally married under Arizona law but hold themselves out to the public as being married.
Ineligible Parent	A natural or adoptive parent, or stepparent who is NOT receiving SSI-Cash benefits, ALTCS, Freedom to Work, MSP or SSI-MAO.
Legally Married	A legal union that meets one of the following: Performed by a person authorized by law (licensed or ordained clergyman, judges or justices of the peace), and a marriage license was issued; or A common law marriage recognized as legal in Arizona.
Married	Means any of the following: Legally married; Married under common law; or “Holding out as married” (a couple presenting themselves to the public as spouses).

Proof

Proof of Income

If needed, the customer must provide proof of income for everyone in the budget group. See MA605 for more details on proof of income.

Sometimes the customer may need to provide proof of income for people who are not in the budget group to:

See if they can get an income deduction (MA609); or
Determine a Share of Cost (MA1201).

Proof of Legal Marriage

The customer must provide proof of legal marriage for community spouse policy. See MA520 - Legal Marriage for the type of proof needed for marriage.

Proof of Parent/Child Relationship

A person’s statement is accepted unless there is evidence to the contrary. A person’s statement includes a completed application listing a relationship of parent or child.

When there is conflicting information or the relationship is questionable, the person is asked for other proof of relationship. Some items that show proof of relationship between a parent and child are:

The child’s birth certificate or other birth record;
Court records; and
Religious records.

Legal Authorities

Program

Legal Authorities

ALTCS

42 USC 1396(a)(10)(A)(ii)(V)

42 USC 1396r-5

AAC R9-28-408 and 410